HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Ramju @ Ramjan Bhatti – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant – State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 7.9.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Bhuj (hereinafter be referred to as “the trial Court”) in Sessions Case No. 65 of 2008 whereby the trial Court has acquitted the accused for the offences punishable under Sections 498(A), 323, 504, 306 etc. of the Indian Penal Code (“I.P.C.” for short)
2. Brief facts of the present case, in nutshell, are as under:-
2.1 The complainant Aminaben wife of Ramjan Harun Bhatti, was residing at Kera village and her husband was doing labour work. Aminaben was married with the accused Ramjan Harun Bhatti, 15 years prior to the incident, as per the rite and customs of their community. She was having three sons and one daughter and she was having two sisters. Her husband was doing labour work, sometime he did not go to labour work and did not get sufficient money hence, quarrel took place between the complainant and her husband very often. Therefore, the complainant informed at her parental home to her brothers
Kumar @ Shiva Kumar vs. State of Karnataka reported in 2024 3 SCR 329
Chandrappa and others Vs. State of Karnataka reported in (2007) 4 SCC 415
Rajesh Prasad Vs. State of Bihar and another
The court confirmed that to convict for abetment of suicide, clear evidence of instigation or intent must be established, which was not proven in this case.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
The prosecution must provide clear evidence of instigation or connection to establish charges of cruelty and abetment of suicide under IPC; mere allegations are insufficient.
The prosecution must prove charges beyond reasonable doubt; mere allegations of harassment are insufficient for conviction under IPC sections related to abetment of suicide.
The prosecution failed to establish the elements of abetment and cruelty, leading to the upholding of the trial Court's acquittal.
The court established that a husband's abusive conduct can lead to criminal liability for the suicide of his wife under Sections 306 and 498A of IPC, affirming the importance of dying declarations as....
The appellate court upheld the trial court's acquittal due to insufficient evidence of abetment of suicide and cruelty, emphasizing the presumption of innocence and the burden of proof on the prosecu....
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